P200 for an additional two-year warranty

Q. Ariel Punsalan of Makati City writes: "I observed that items from clothing to electronic gadgets are sold at discounted prices during the months of June and July. So, my wife, Ellaine, and I decided to purchase an air-conditioner last weekend. Although buying it now wouldn’t be as useful as if we bought it during summer, we wanted to avail of a good package. In short, we were able to purchase an air-conditioner from a store in Makati, which offered discounts of 10% to 50% on its items.

"The store manager gave us a 20% discount on the unit plus a one-year warranty. He also offered us a three-year warranty if we added P200 to the total cost. What’s P200 for an extension of another two years of free labor, right."

"Without second thought, we got a one-horsepower unit and also availed of the three-year warranty.

"I’m satisfied with the performance of the unit. What assurance do we have that the store will acknowledge the warranty if our unit encounters some technical problems, let’s say, after two years?

A. DTI does not prohibit any marketing strategy on the end of the manufacturers/sellers as long as it is not deceptive. In your case, you are aware that it is their way of promoting the air-conditioning unit with a 20% discount, right? As long as you checked carefully the product and agreed to pay an additional P200 without pressure, the seller did not violate any law on selling.

As for the assurance that your warranty will be acknowledged, you have the right – even if the warranty is expressed verbally – to return the product within 60 days upon purchase, if it is a brand new unit.

The Civil Code provisions on sale under Article 68 of RA 7394 states: "Any seller or manufacturer who gives an expressed warranty shall a) set forth the terms of the warranty in clear and readily understandable language (either Tagalog, Hiligaynon, Bisaya, or Ilokano dialect or English) and should identify himself as warrantor; b) identify the party to whom the warranty is extended; c) state the products or parts covered; d) state what the warrantor will do in the event of a defect, malfunction or failure to conform to the warranty; and e) stipulate the period within which, after notice or defect, malfunction or failure to conform, the warrantor will perform any obligation under the warranty."

Thus, the seller should send a record of warranties given to consumers to the manufacturer so that, in case a consumer loses his/her receipt and the written warranty, he/she can still avail of the warranty. If the seller fails to report the warranty to the manufacturer, the seller is liable to the customer and should, therefore, fulfill the warranty on behalf of the manufacturer.

(You may send your consumer complaints and comments to the Bureau of Trade Regulation and Consumer Protection, DTI-Domestic Bldg., 361 Sen. Gil Puyat Ave., Makati City. You may also call us at our consumer hotlines 896-5740 or 890-4938. Our e-mail address is www.e-reklamo.net.ph)